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New York Auto Accident Law A lawyer who handles car accidents is your advocate, ensuring your side of the story is presented. He or she will discuss your case with the insurance company and present your case the presence of a judge or jury if needed. Some states adhere to a tort liability system that is traditional and some states have no fault or add on auto insurance laws. In any case, there are strict time limits, commonly referred to as statutes of limitation that must be adhered to. Fault The determination of who is at fault is an important part of the insurance as well as legal claims process. In certain situations, like rear-end collisions and other similar situations, it may appear obvious, but in many others, it is not. The state laws and the facts of each instance are used to determine fault. Some states have pure comparative fault, where your proportion of the cause determines how much of your damages can be recovered. Even if your fault is determined to be more than 51%, you might still claim some damage you've sustained through supplemental policies like MedPay and PIP. Certain states also use modified comparative negligence. These laws permit injured motorists to utilize their own insurance to pay for expenses even if they're partly accountable for the incident. Following an accident, it's normal to feel a bit shaken up and want to blame someone else. This can lead to costly mistakes and can result in negative consequences. A good lawyer will help you avoid these pitfalls, and provide you with the answers you need quickly and efficiently. Damages Damages are payments made to pay a victim for financial losses they experienced because of another's negligent actions. This type of compensation could pay for a variety expenses, such as medical expenses as well as lost wages or income, and even vehicle property damage. A car accident lawyer will look over invoices, receipts and other financial documents to calculate how much damages you're entitled to. Non-economic damages are often difficult to quantify, and include intangible damages like pain and suffering. This kind of compensation is often subject to devaluation by insurance companies and it is imperative that you consult a skilled attorney in torts to ensure that your damages are appropriately valued. If you've suffered severe injuries or if your losses exceed the limits of insurance coverage in New York, you may be able to escape the no-fault law and file a lawsuit for non-economic and economic damages, including pain and suffering. However, as New York is a comparative negligence state, your claim will be reduced by the percentage of fault assigned to you. A competent lawyer will strive to maximize the damages you are entitled to. Statute of Limitations In the event of a car accident the statutes of limitation are the period of time you can sue for damages. This can vary from three years to five depending on the type and state of the lawsuit. Statutes of limitations are crucial as they ensure that claims filed in court can be investigated properly before the deadline is up. After that it could be impossible to find witnesses. Physical artifacts like tire marks and debris could disappear or be destroyed and public records could be misplaced. Witnesses are also likely to lose important information with the passage of time. For example it is not reasonable to assume that eyewitnesses will recall specific details regarding an accident in a car that occurred 15 years ago. A statute of limitations also prevents plaintiffs from taking legal action too early after an incident as it could prejudice the jury against them. This is why it's always important to speak with a New York car accident lawyer and begin the process as soon as you can. Insurance All drivers in New York are required by law to carry insurance for their cars. This type of insurance is designed to compensate the policyholder and their passengers for economic losses in the event of an accident, regardless of who was the cause of the accident. This is also known as no fault insurance or Personal Injury Protection (PIP). In addition to PIP, most New York policies include uninsured/underinsured motorist coverage (UM/UIM). This type of coverage provides an amount of compensation for victims injured by an uninsured or uninsured driver or in a hit and run accident. UM/UIM is typically provided in minimum limits of $25,000 per person and $50,000 per accident. Bodily Injury Liability covers the policyholder in the event that they are sued by a third-party for damages, like medical bills or property damage. Third parties can also claim pain and suffering for injuries that are serious enough. The majority of third-party claims, however they are resolved by insurance companies. A skilled lawyer can assist you recover the maximum amount of damages. Contact an attorney Car accidents can be stressful and costly in all aspects, from vehicle damages to medical bills to lost wages. auto accident attorneys gainesville can help determine who is responsible for the accident was, and obtain compensation from the responsible party. A lawyer will also ensure that your claim is inclusive of all your expenses and losses. They will assess your current and future financial expenses and the physical and emotional stress you are experiencing. In addition, they'll take into account the impact your injuries have affected your life quality. In New York, you may be able to claim compensation under your policy's Uninsured Motorist coverage (UM) in the event that the negligent driver wasn't insured or carried the minimum amount that is required by law. An attorney can assist you with this option. It is essential to choose an experienced and knowledgeable auto accident lawyer. Their training and expertise puts them in a better position to get you what you're entitled to. Your lawyer will let the defendant's insurance company know that you're willing to accept the case. This often leads to an increase in settlement offers.